thenumber118118.co.uk - Terms and Conditions

Site

This website has been developed as a service provided by The Number (UK) Limited ("The Number"). Whilst every effort has been made to ensure the accuracy of the information and material contained on the website, The Number assumes no responsibility for, nor gives any guarantee, undertaking or warranty concerning the accuracy, completeness or up to date nature of the information provided on the website nor does it accept any liability whatsoever arising from any errors or omissions.

The services provided on this site are made available by The Number and its affiliated companies and may also be provided or located on third party web sites and/or computer servers.

A. ACCEPTANCE OF TERMS

By accessing this Site, you agree to these Terms of Use. The Number reserves the right to change the Terms of Use from time to time at its sole discretion. Your use of the Site will be subject to the most current version of the Terms of Use posted on the Site at the time of such use. If you breach any of the Terms of Use, your authorisation to use this Site automatically terminates and you must immediately destroy any materials downloaded or printed from the Site.

B. COPYRIGHT: LIMITED LICENCE

The materials and services on this Site are protected by copyright and/or other intellectual property laws and any unauthorised use of the materials or services at this Site may violate such laws. Except as expressly provided herein, The Number does not grant any express or implied right to you under any patents, copyrights, trademarks or trade secret information with respect to the materials and services. Except as specifically permitted herein, no portion of the information on this Site may be reproduced in any form or by any means without the prior written permission of The Number. Text, images, designs, logos, graphics, the selection, and presentation and arrangement of materials and the overall design and layout of this website are the copyright of The Number. All rights are reserved.

C. USE OF SITE INFORMATION

You may view, download and print the documents and information available on this Site subject to the following conditions:

The documents and information may be used solely for personal, informational, internal or non-commercial purposes.
The documents and information may not be modified or altered in any way.
The documents and information on the Site may not be distributed.
You may not remove any copyright or other proprietary notices contained in the documents and information.
The Number reserves the right to revoke the authorisation to view, download and print the documents and information available on this Site at any time and any such use shall be discontinued immediately upon written notice from The Number.
The rights granted do not constitute a licence or a transfer of title.

Any user of this site must not:

Make or permit to be made any bulk downloading or storage of Data. In this context "Data" refers to any of the search results returned as a result of the user inputting an approximate name and approximate address, as well as any other information extrapolated through the use of the site including, but not limited to, telephone numbers and addresses of businesses and individuals;
Provide, disclose or otherwise make available to any third party any portion of the Data.
Use the Service as the sole source for generating mailing or address lists for direct marketing or other marketing purposes.

Users acknowledge that there may be implications under the Data Protection Act 1998 (or any other applicable statutory or regulatory requirements) if individual telephone numbers are added to a database and permanently stored.

For the avoidance of doubt, these Terms of Use are not intended to prevent you recording in manual form any individual item of Data, or disclosing any individual item of Data, free of charge, to friends or relations for non-commercial purposes.

Users will take all reasonable steps to ensure that any person who may have access to the site complies with the conditions of these Terms of Use.

The rights specified above to view, download and print the documents and information available on this Site are not applicable to the design or layout of this Site. Elements of this Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part.

D. WARRANTIES AND DISCLAIMERS

Pursuant to applicable law, all materials and services on this Site are provided "as is" without warranty of any kind, either express or implied, including, but not limited to, the implied warranty of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, The Number makes no warranty that the services and materials will meet your requirements. You are therefore advised to check the information provided to you through this Service as any reliance that you place on the accuracy of that information is at your own risk.

This site could include technical or other mistakes, inaccuracies or typographical errors, The Number may make changes to the materials and services on this Site at any time without notice.

The downloading or other acquisition of any materials through the Site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system or loss of data that results from the downloading or acquisition of any such materials. No advice or information, whether oral or written, obtained by you from The Number or through or from the Site shall create any warranty not expressly stated in these Terms of Use.

This Site may contain links to third party websites that are not under the control of The Number. The Number make no representations whatsoever about any other website to which you may have access through this Site. When you access a website beyond the control of The Number you do so at your own risk and The Number is not responsible for the accuracy or reliability of any information, data, advice or statements made on these Sites or for the quality of any products or services available on such Sites. These links are provided merely as a convenience and the inclusion of such links does not imply that The Number endorses or accepts any responsibility for the content or uses of such websites.

E. GENERAL

Users agree to abide by the Telephone Preference Scheme as set out in the Self Protection Licence and Telecommunications Services Licence or other such licences as may from time to time replace them, and other industry guidelines that may be specified to protect the privacy of residential telephone subscribers.

All users must indemnify The Number against any claims or legal proceedings which are brought or threatened against The Number by a third party because the Service is used in breach of these Terms of Use, or because the Service is faulty and cannot be used by that third party.

The Number will notify the Customer of any such claims or proceedings and keep the Customer informed as to the progress of such claims or proceedings. These terms and conditions constitute the entire agreement between The Number and you pertaining to the subject matter hereof, and supersede in their entirety any and all written or oral agreements previously existing between us with respect to such subject matter.

The above terms and conditions shall be governed by English Law and subject to the exclusive jurisdiction of the Courts in England and Wales.

Restaurant Booking

Introduction

This restaurant table booking service (the “Service”) is operated by Livebookings Holdings Limited (“Livebookings”) in conjunction with The Number UK Limited (“The Number”). Where appropriate Livebookings and The Number shall be referred to jointly as “we”, “us” or “our”. Livebookings is registered in England and Wales under company number 5398578 and our registered address is at 6th Floor Elizabeth House 39 York Road London SE1 7NQ. Our VAT Number is 882 5959 65. The Number is registered in England and Wales under company number 4352737 and our registered address is Malthouse Avenue, Cardiff Gate Business Park, Cardiff Gate, CF23 8RA.

These are the terms and conditions which will govern your use of the Service, which is provided to you by Livebookings and The Number on behalf of restaurants in the Livebookings Network, either via the website of the restaurant with whom you are booking a table (a “Restaurant”) or via the website of one of our third party booking partners (a “Booking Partner”).

By using the Service you are deemed to have accepted these terms and conditions of use (the “User Terms”)

Your Booking

Please note that the dining services for which you book via your use of the Service are provided to you by the Restaurant directly and not by Livebookings or The Number. Therefore by using the Service to book a table at your chosen Restaurant you are entering into a direct contract with that Restaurant and neither Livebookings nor The Number is a party to that contract.

In order to make any booking using our Service you must have the legal capacity to do so and you must accept financial responsibility for all transactions made under your name. You must make sure that all the information you provide to us is true and accurate. Booking a table at the Restaurant means you have to pay the Restaurant after you have eaten unless it is clearly indicated before you book that you have to prepay in advance.

When you use the Service to place a booking at the Restaurant you are making an offer to the Restaurant to accept your booking. Your booking is not complete and legally binding on the Restaurant until such time as you have received a confirmatory email from the Restaurant accepting your booking.

If you wish to cancel your booking you can use the hypertext link in the confirmation email or contact the Restaurant directly. Contact details can be found in the confirmation email. Please ensure that you arrive in plenty of time and bring a copy of your email booking confirmation. If you have prepaid in advance please also bring the credit/debit card you used to make the booking.

Failure to attend the Restaurant at the reserved time may result in you being charged a "no-show" fee by the Restaurant. The decision whether to debit your card with a cancellation fee or "no-show" fee is entirely at the discretion of the Restaurant.

We reserve the right to cancel a booking, but this of course will be without any liability to you. We have, at any time for any reason without prior notification to you, the right to terminate or restrict, suspend or terminate your access to any or all of the Service if we believe that you are misusing the Service or if you are in breach of these User Terms.

Because your contract is directly with the Restaurant any queries or concerns that you may have in connection with your restaurant table booking should be addressed directly to the Restaurant via the details set out in the confirmatory email.

We reserve the right to disable your access to our Service and, where applicable, any user ID or password issued to you at any time if, in our opinion, you have failed to comply with any of the provisions of this Agreement.

Additional Terms

In addition to these User Terms, your use of a Restaurant or Booking Partner website and the other services and products provided by Restaurants and Booking Partners in the Livebookings Network, may also be subject to any additional terms and conditions applied by restaurants and/or Booking Partners from time to time. Those terms will be in addition to, and therefore not a replacement for, these User Terms. Please ensure that you read such additional terms and conditions before using the websites and/or purchasing the services and products provided by restaurants and Booking Partners.

Personal Information

To use our Service you are required to register certain information, including your name, email address and, in some instances, a password. Your registration details and any personal information supplied by you to us will be used by us in accordance with these User Terms and, where applicable, the terms of any privacy policy provided by the Restaurant and/or Booking Partner

You will receive emails and/or text messages related to the fulfilment of your booking and your use of the Service and we may use your personal information for that purpose. In addition, if selected by you at the time of making your booking, you may also receive information and special offers regarding future bookings, products or offers provided by the Restaurant and/or the Booking Partner from time to time.

You are responsible for ensuring that all personal data supplied by you to us is accurate and kept up to date. You must treat your password information as confidential and you must not disclose it to any other person.

Cookies

Similar to other commercial websites, our Service utilises a standard technology called "cookies" and web server logs to collect information about how our Service is used and to improve our Service. Information gathered through cookies and web server logs may include the date and time of visits, the pages viewed, time spent using the Service, and the websites visited just before and just after your use of our Service. Cookies do not allow us to gather any personal information about you and we do not generally store any personal information that you provided to us in your cookies.

Availability of the Service

Your access to the Service is permitted on a temporary basis and we reserve the right to withdraw or amend the Service without notice. We therefore exclude any liability to you for any interruption or lack of availability of the Service to the extent that we can legally do so. You are solely responsible for making all technical and other arrangements necessary for access to the Service. You are also responsible for ensuring that all persons accessing the Service through your internet connection and account details are aware of these User Terms and comply with them.

Restrictions on use

All copyright, database rights, trade marks, intellectual property rights and other proprietary rights subsisting in our Service and any content made available to you from the Service, shall remain our property or the property of our licensors. All such rights are expressly reserved.

You agree not to use our Service in such a way as to cause the whole or part of our Services to be interrupted, damaged, rendered less effective or be otherwise impaired or in any way contrary to applicable law.

Security

We maintain the highest standards of security, however the transmission of information via the internet is not completely secure. So, whilst we will do our best to protect your personal information, we cannot ensure the security of your data transmitted to our Service. Any transmission is at your own risk. Once we have received your personal information we will use strict procedures and security features to prevent unauthorised access.

Our liability

Nothing in these User Terms shall exclude our liability for death or personal injury arising through negligence or for fraud.

We do not accept responsibility for any loss, damages or costs suffered or incurred by you arising from viruses or contaminants contracted by you or your machine via accessing or using our Service.

To the maximum extent allowed by applicable law we exclude all liability and responsibility arising from any reliance placed on any content available from the Service. You bear the entire risk of the completeness, accuracy or usefulness of any content accessed on our Service.

To the maximum extent allowed by applicable law we exclude all liability and responsibility arising from your use of:

the services and products provided by the Restaurant and/or Booking Partners; and
the Restaurant’s and/or Booking

Partner’s failure to supply such services or products, whether in whole or in part.

To the maximum extent allowed by applicable law, we expressly disclaim all warranties and conditions, express or implied, including, but not limited to, implied warranties and conditions of satisfactory quality and fitness for a particular purpose. You will not hold us responsible for any damages that result from you accessing (including any software or systems you use to access) our Service, but not limited to, damage to any computer, software or system or portable devices you use to access the same.

Under no circumstances shall we be liable to you for any consequential, incidental or special damages or for loss of business profits, business interruption, loss of business information, loss of data or loss of any benefit arising out of your use or inability to use our Services.

Changes

We reserve the right at any time to vary these User Terms. Your continued use of our Service following any such variation shall constitute your acceptance of such changes.

Jurisdiction and applicable law

The English Courts will have exclusive jurisdiction over any claim arising from or related to your use of the Service. English Law will apply to these User Terms.

Trade Marks

Livebookings and the Livebookings Network are either registered or unregistered trademarks of Livebookings Holdings Limited. All other trademarks referred to on our Service are owned by their respective owners. No permission is given for their use by any person and such use may constitute an infringement of our rights or the rights of the applicable owner.

Contact Us

You may contact us on any issue detailed in these User Terms at www.livebookings.net or 118118.com.

Thank you for using our Service.

118 118 Answers

1. DEFINITIONS

1.1 In this Agreement the following terms and expressions shall have the following meanings unless the context requires otherwise:
"Agreement" means these terms and conditions.
"Response" means Our response to Your Question
"Intellectual Property Rights" means patents, design rights, trade marks, copyright, database rights whether present or future, registered or unregistered, and all applications for any of such rights together with any similar rights of whatever nature subsisting throughout the world.
"Question" means a question submitted by You using the Service.
"Service" means the "118 118 Answers" question answering service operated by Us via the www.118118.com web site and the 118118 short code.
"Us/We/Our" means The Number UK Limited, the provider of the Service.
"You/Your" means You, the customer accessing or using the Service.

2. APPLICATION OF THIS AGREEMENT

2.1 The terms and conditions of this Agreement apply to each use by You of the Service, and by accessing or using the Service You agree to be bound by them.

3. ACCESSING THE SERVICE

3.1 You are responsible for obtaining all necessary equipment and telecommunications services required to access and use the Service. You agree that You will not use any telephone to access the Service without the permission of the bill payer.
3.2 In order to use the Service You may be required to submit Your mobile telephone number and/or e-mail address and agree that You will not:

3.2.1 submit any information to Us with the intent of impersonating or otherwise prejudicing any third party; or
3.2.2 use any third party's information or access any third party's information;

4. YOUR USE OF THE SERVICE

4.1 You acknowledge and accept that the information provided via the Service may be sourced from third parties and that We make no warranty, whether express or implied, regarding the reliability, completeness or accuracy of the same. Information provided via the Service is for general usage only and should not be construed as providing specific advice on any matter whatsoever.
4.2 You may not use the Service in any improper or unlawful manner or in breach of any legislation or regulatory requirement that applies to You. We reserve the right to refuse to answer any Question which We consider in our absolute discretion to be obscene, defamatory, racist, blasphemous, harassing, offensive, contrary to public policy or which breaches the rights of any third party.
4.3 We reserve the right to refuse to answer any Question which We believe should properly be directed to a professional adviser including, without limitation, advice of a financial, legal or medical nature. In the event that We do provide a Response to any such Question(s) Clause 4.1 above shall apply.
4.4 We provide the Service to You solely for Your own personal, non-commercial use. You may not reproduce, resell or redistribute the Service or any information derived from it, to any third party.

5. CHARGES FOR THE SERVICE

5.1 Access to the Service via Our 118118 short code will be charged at our standard rates from time to time in force which will be published in our promotional material and on our web site www.118118.com.
5.2 We reserve the right to change the charges for the Services from time to time. If We do this We will publish any new charges on our web site.
5.3 We will not charge You in the event that We are unable to provide a Response to Your Question provided that Your use of the Service has not breached this Agreement.
5.4 You acknowledge and accept that any applicable charges will be payable by You irrespective of whether or not We are able to provide a Response to Your Question.

6. INTELLECTUAL PROPERTY RIGHTS

6.1 All Intellectual Property Rights in the Service belong to Us or Our licensors and nothing in this Agreement operates to transfer any such Intellectual Property Rights to You.
6.2 When You submit a Question using the service You grant Us a perpetual, royalty-free, sublicenseable and transferable right to re-utilise such Question together with any associated Response for any purpose We deem fit in connection with the provision of the Service.

7. SUSPENSION AND TERMINATION

7.1 We may suspend the Service at any time without notice to You; (a) for maintenance or other operational reasons; (b) in the case of an emergency, or (c) as a result of a force majeure event in accordance with clause 9; (d) for any other reason We deem necessary.
7.2 We may terminate this Agreement or the Service at any time for any reason We deem fit including, without limitation, any breach by You of this Agreement.

8. LIMITATION OF LIABILITY

8.1 We do not limit Our liability for death or personal injury resulting from Our negligence.
8.2 Subject to clause 8.1, We will not be liable to You whether in contract, tort or otherwise for any loss of revenues, profits, the use of money, goodwill, or anticipated savings, for any loss or destruction of data or (without limitation) for any indirect or consequential loss or damage of any kind, whether any such loss is reasonably foreseeable or not arising in connection with the Service for any reason (including any inaccuracies in any Response given).
8.3 Subject to Clauses 8.1 and 8.2, Our liability to You shall be limited to the charges actually paid by You for the Service.

9. FORCE MAJEURE

9.1 We will not be obliged to carry out any obligation under this Agreement where performance of such obligation is prevented due to any cause beyond Our reasonable control including but not limited to Acts of God, storm, earthquake, inclement weather conditions, fire, flood, war, industrial action, lockout, default or failure of a third party, or governmental action, failure or shortage of power supplies, labour shortage, the act or omission of highways or railways authorities or telecommunications operators.

10. AMENDMENTS

10.1 We may vary the terms and conditions of this Agreement at any time. We will ensure that the most recent version of these terms and conditions is made available on the Internet at www.118118.com. Such change shall take effect from the date that the variations are posted on the Internet.

11. GENERAL

11.1 Failure by either party to enforce any of its rights under this Agreement is not to be taken as or deemed to be a waiver of that right unless the waiving party acknowledges the waiver in writing.
11.2 This Agreement is not intended to be for the benefit of, and shall not be exercisable by any person under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
11.3 Any part or all of any clause of this Agreement that is unenforceable or illegal is to be severed from this Agreement and does not affect the enforceability of the remaining provisions of this Agreement.
11.4 We have the unrestricted right to assign, licence or otherwise dispose of Our rights and obligations (in whole or in part) under this Agreement.
11.5 This Agreement is governed by the laws of England and Wales and the parties agree to submit disputes in connection with this Agreement to the exclusive jurisdiction of the English Courts

118118 Offers End User Terms and Conditions

1. Definitions

The following terms when used in these 118118 Offers End User Terms and Conditions or any document referred to herein shall have the following meaning:

"Advertiser" means an Advertiser offering to sell goods and/or services at a discounted rate or to offer some other specified benefit to You via the Service.

"Agreement" means these 118118 Offers End User Terms and Conditions.

"Offer" means an Offer issued by The Number to you on behalf of an Advertiser which entitles you to purchase the Advertiser’s products and/or services at a discounted rate or to receive some other specified benefit.

"Service" means 118118 Offers, the service operated by The Number and its affiliates via the 118118 voice directory enquiry service, SMS messaging and the Website, consisting of information, content and advertising services provided on behalf of Advertisers. Where applicable in this Agreement any reference to usage, receipt or provision of the Service shall be deemed to include any access to and/or usage of the Website.

"The Number" means The Number (UK) Limited, a company registered in England and Wales with registered office at Sterling House, Malthouse Avenue, Cardiff Gate Business Park, CF23 8RA

"Web" means the public internet.

"Website" means any of the websites operated by The Number for the provision of the Service, including, but not limited to www.118118.com.
"You" means you, the end user of the Service. "Your" shall be construed accordingly.

2. General

This Agreement sets out the terms and conditions that apply to the provision of the Service by The Number and by using the Service You agree to comply fully with it. You may only use this Service if you are 18 years of age or older. If you do not agree to this Agreement, or if you are under the age of 18, you should immediately refrain from using the Service.

3. Offer Redemption

The Offers made available to you via the Service are redeemable for the goods and/or services of a specific Advertiser. You acknowledge and accept that the Advertiser, not The Number, is the seller of the goods and services and is solely responsible for redeeming any Offer made available to You via the Service.
Your usage of Offers made available to You via the Service shall be subject to the following additional terms and conditions:

(i) Terms and Conditions for All Advertiser Offers

All Offers made available to you via the Service are promotional Offers that are subject to the terms and conditions of The Number and the participating Advertiser. This Agreement incorporates by reference any terms and conditions applicable to any specific Offer. In the event of any conflict between the terms and conditions expressly set forth in this Agreement and the terms and conditions applicable to any Offer, the express terms and conditions of this Agreement shall prevail.
As the issuer of the Offer the Advertiser is fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect you, whether caused in whole or in part by the Advertiser. Offers are redeemable in their entirety only and may not be redeemed incrementally.
Neither The Number nor the Advertiser is responsible for lost or deleted Offers.
Reproduction, sale or trade of an Offer is prohibited.
Any attempted redemption not consistent with these terms and conditions will render the Offer null and void.
Void to the extent prohibited by law.
The Offer (including, but not limited to, any discounts) expires at the end of the relevant advertising campaign or on the date specified in the Offer, whichever occurs first.

(ii) Terms and Conditions for Restaurant-Specific Offers

Use of restaurant-specific Offers for alcoholic beverages is at the sole discretion of the restaurant.
It is at the discretion of the restaurant to determine whether Offers can be combined with any other restaurant certificates, third party certificates, offers, or promotions.
Restaurant-specific Offers cannot be used for taxes, tips or prior balances, unless permitted by the restaurant.
Restaurant Offers are only valid for dine in only unless otherwise stated.

(iii) Terms and Conditions for Non-Restaurant Advertiser Offers

Offer may be applied only to merchandise sold by Advertiser, and may not be applied to shipping or handling charges.
Limit one (1) Offer per redemption. Only one Offer may be redeemed per person unless otherwise specified by Advertiser.
Offers cannot be combined with any other gift certificates, third party certificates, offers, or promotions, unless otherwise specified by Advertiser.

4. Service Availability

While The Number aims to make the Service accessible at all times it may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of The Number, access to the Service may be interrupted, suspended or terminated from time to time.

5. Equipment, Account Management and Security

You are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the Service and you will be solely responsible for all charges related thereto. The Number shall not be liable for any damage to your equipment resulting from Your use of the Service.

6. Your Use of the Service

You agree that your use of the Service will at all times be lawful. You agree not to post or transmit through the Website any material which violates or infringes in any way upon the rights of others, or any material which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without The Number's express prior, written approval, contains advertising or any solicitation with respect to products or services. Any conduct by you that in The Number's sole discretion restricts or inhibits any other end user of the Service from using or enjoying the Service is strictly prohibited. You agree not to use the Website to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of other end users of the Service to become users of other on- or offline services directly or indirectly competitive or potentially competitive with The Number.
The foregoing provisions of this Section 6 apply equally to and are for the benefit of The Number, its subsidiaries, affiliates and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

7. Intellectual Property

All content located on or in the Website is the exclusive property of The Number or is used with the express permission of the copyright and/or trademark owner. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THE WEBSITE WITHOUT THE EXPRESS WRITTEN PERMISSION OF THE NUMBER IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject You to civil and /or criminal penalties.

The Website contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and other content of The Number protected by copyright. The Number owns a copyright in the selection, coordination, arrangement and enhancement of all such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may download / print / save copyrighted material for your personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of The Number and the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Website shall not be deemed to be in the public domain but rather the exclusive property of The Number, unless such site is under license from the trademark owner thereof in which case such license is for the exclusive benefit and use of The Number, unless otherwise stated.

You shall not upload, post or otherwise make available on the Website any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. The Number does not have any express burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of the Website, you warrant that the owner of such material has expressly granted The Number the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other end user to access, view, store or reproduce the material for that end user's personal use. You hereby grant The Number the right to edit, copy, publish and distribute any material made available on the Website by you.

The foregoing provisions of Section 7 apply equally to and are for the benefit of The Number, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

"The Number" and "118118" are registered trademarks of The Number(UK) Ltd. All rights in respect of these trademarks are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on the Website are the property of their respective owners.

8. No Warranties

YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. NEITHER THE NUMBER, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SERVICE.
THE SERVICE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF ADVERTISERABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

9. Liability

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT THE NUMBERIS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
IN NO EVENT SHALL THE NUMBER, OR ANY PERSON OR ENTITY INVOLVED IN PROVIDING THE SERVICE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL, WITHOUT LIMITATION, APPLY TO ALL CONTENT ON THE WEBSITE.
IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER THE NUMBER, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION PROVIDED IN CONNECTION WITH THE SERVICE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING WITHOUT LIMITATION LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
THE NUMBERIS NOT RESPONSIBLE FOR ANY CONTENT THAT YOU, ANOTHER USER, SUBSCRIBER, OR AN UNAUTHORIZED USER MAY POST ON THE WEBSITE. ANY CONTENT THAT IS POSTED OR UPLOADED THAT IS OR MAY BE DEEMED UNSUITABLE CAN AND MAY BE TAKEN DOWN BY THE NUMBER. FURTHERMORE, THE NUMBER RESERVES THE RIGHT TO EDIT, CHANGE, ALTER, DELETE AND PROHIBIT ANY AND ALL CONTENT THAT IT DEEMS UNSUITABLE IN ITS SOLE DISCRETION.

10. Indemnity

You agree to defend, indemnify and hold harmless The Number, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorney’s fees, arising out of your use of the Service.

11. Changes

The Number shall have the right at any time to change or discontinue any aspect or feature of the Service including, but not limited to, Offers made available through the Service, content, hours of availability and equipment needed for access or use. Further, The Number may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.
The Number reserves the right at all times to discontinue or modify this Agreement as we deem necessary or desirable without prior notification to you. Such changes may include, among other things, the adding of certain fees or charges. We suggest to you, therefore, that you re-read this Agreement from time to time in order that you stay informed as to any such changes. If we make changes to this Agreement and you continue to use the Service, you will be deemed to have agreed to any such changes. Any deletions or modifications to this Agreement shall be effective immediately upon The Number posting them on the Website. Any use by you of the Service after such notice shall be deemed to constitute acceptance by you of such modifications.

12. Monitoring

The Number shall have the right, but not the obligation, to monitor the content of the Website at all times, including any chat rooms and forums that may hereinafter be included as part of the Service, to determine compliance with this Agreement and any operating rules established by The Number, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, The Number shall have the right to remove any material that The Number, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

13. Privacy

You acknowledge that all discussion for ratings, comments, bulletin board service, chat rooms and/or other message or communication facilities (collectively "Communities") are public and not private communications, and that, therefore, others may read your communications without your knowledge. The Number does not control or endorse the content, messages or information found in any Community, and, therefore, The Number specifically disclaims any liability concerning the Communities and any actions resulting from your participation in any Community, including any objectionable content. Generally, any communication which you post to The Number (whether in chat rooms, discussion groups, message boards or otherwise) is considered to be non-confidential. If particular web pages permit the submission of communications that will be treated by The Number as confidential, that fact will be stated on those pages. By posting comments, messages or other information on the Website, you grant The Number the right to use such comments, messages or information for promotions, advertising, market research or any other lawful purpose. For more information see The Number's Privacy Policy.

14. License Grant

By posting communications on or through the Website, you shall be deemed to have granted to The Number a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees.

15. Termination

The Number may terminate this Agreement and/or the provision of the Service at any time. Without limiting the foregoing,

16. Survival

The provisions of Sections 1-3, 5-14 and 16-18 shall survive termination of this Agreement.

17. Third Party Content

The Number, similar to any Web service provider, is a distributor (and not a publisher) of content supplied by third parties and End Users. Accordingly, The Number has no more editorial control over such content than does a public library, bookstore or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any other end users are those of the respective author(s) or distributors) and not of The Number. Neither The Number nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its Advertiserability or fitness for any particular purpose.

In many instances, the content made available through the Service represents the opinions and judgments of the respective information provider, end user, or other user not under contract with The Number. The Number neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on The Number by anyone other than authorized The Number employee spokespersons while acting in official capacities. Under no circumstances will The Number be liable for any loss or damage caused by your reliance on information obtained through The Number. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through The Number.

The Website may contain links to third party Web sites maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by The Number of the contents on such third-party sites and The Number hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party Web sites. If you decide to access linked third-party Web sites, you do so at your own risk. Unless you have executed a written agreement with The Number expressly permitting you to do so, you may not provide a hyperlink to the Website from any other website. The Number reserves the right to revoke its consent to any link at any time in its sole discretion.

18. Miscellaneous

This Agreement, along with the terms and conditions applicable to any specific Offer, constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.

19. Customer Support

If you wish to contact us on matters related to the Service (including customer service inquiries), you can reach us using the contact details set forth below:

The Number (UK) Ltd.
Sterling House Malthouse Avenue
Cardiff Gate Business Park
Cardiff
CF23 8RA

Phone: 02920 548000
Fax: 02920 548030
Email: customer.care@118118.com

20. Governing Law

This Agreement shall be governed by English Law and subject to the exclusive jurisdiction of the Courts of England and Wales.

Directory Enquiry Service Terms & Conditions

1. Definitions

In this Agreement the following terms and expressions shall have the following meanings, unless the context requires otherwise:

"Agreement" means these terms and conditions and The Number Tariff.

"Charges" means the charges payable by Customer to The Number for the provision of the Service calculated according to clause 6 and The Number Tariff.

"Customer" means a customer of The Number’s voice and/or SMS based directory enquiry services.

"Intellectual Property Rights" means patents, design rights, trade marks, copyright, database rights, semiconductor topography rights, whether present or future, registered or unregistered, and all applications for any of such rights together with any similar rights of whatever nature subsisting throughout the world.

"Listing" means information concerning the name, address and the telephone number of a subscriber to telephony services in the United Kingdom.

"Service" means such directory assistance and/or information services that may be offered by The Number to Customers in the United Kingdom who dial or text The Number's access numbers 118118, 118888, 118661,118899, 118811, 118848, 542542 or such additional access numbers as The Number may utilise from time to time (“the Access Numbers”).

"The Number" means The Number UK Limited, Sterling House, Malthouse Avenue, Cardiff Gate Business Park, Cardiff Gate, CF23 8RA.

"The Number Tariff" means the tariff of charges published by The Number from time to time and available on request to Customer, and published on the Internet at http://www.118118.com.

2. Application of this Agreement

The terms and conditions of this Agreement apply to each use by the Customer of the Service, and by accessing or using the Service the Customer agrees to be bound by them. If Customer does not agree to be bound by these Terms and Conditions he/she should immediately cease using the Service.

3. Service Provision

3.1 The Number provides the Service to Customer:

on the terms and conditions of this Agreement; and
with the skill and care of a competent telecommunications directory assistance service provider.

3.2 The Number provides the Service to Customer solely for Customer's own private, non-commercial use. Customer may not resell the Service to any third party.

3.3 The Number provides the Service only to persons who access it through calls or SMS originating in the United Kingdom to The Number's Access Numbers.

3.4 The Number may provide a Listing, at Customer's request, by any of the following means:

by connecting Customer directly to a Listing, as part of the Service; or
verbally; or
only where Customer has accessed the Service via a mobile phone, by SMS message sent to that mobile phone. In such cases The Number may provide without charge an additional Listing that may be of use to the Customer.

3.5 The Number will use its reasonable endeavours to provide each Listing accurately to Customer. If The Number inaccurately provides a Listing to Customer then The Number shall, on request by Customer, refund Customer the Charges attributable to that provision of the Service if the wrong Listing relates to listing information commonly available from the OSIS database.

4. Use of the Service

4.1 Customer is responsible for obtaining all necessary equipment and telecommunications services required to access and use the Service.

4.2 Customer may not use the Service in any improper, unlawful or illegal manner or in breach of any legislation or licence that applies to Customer.

5. Data Protection/Call Recording

5.1 Customer acknowledges and agrees that for billing purposes The Number may store and pass on to the relevant telecommunications operator information about:

the identity details of any telecommunications line (whether fixed or mobile) used to access the Service; and
the duration of the call in which Customer accesses the Service and that of any subsequent call connected by use of the Service.

5.2 Customer acknowledges that its use of the Service (and in particular its retention or recording of any Listings) may be governed by the provisions of the Data Protection Act 1998 or other applicable data protection legislation in force in the European Union.

5.3 You have the right to access the information that The Number holds about you. In order to do this please make a written application to The Data Protection Officer, The Number UK Limited, Sterling House, Malthouse Avenue, Cardiff CF23 8RA. The Number may require you to provide verification of your identity and to pay an administrative fee (which is currently £2) in order to provide a copy of the information that it holds. Please note that in certain circumstances The Number may withhold access to your information where it has the right to do so under current data protection legislation.

5.4 The Number may monitor or record your calls in order to improve the quality of the service or for training purposes.

6. Charges for the Service

6.1 Customer acknowledges and agrees that, in common with other premium rate services, the Charges for its use of the Service will appear on an invoice that Customer receives from the telecommunications operator whose services Customer used to access the Service. Those charges shall be payable according to Customer's payment arrangements with that telecommunications operator.

6.2 The Charges shall be payable by Customer irrespective of whether or not The Number is able to provide a Listing requested by Customer when using the Service.

6.3 Charges shall be calculated on the basis of the rates set out in the tariff of the telecommunications operator whose services Customer used to access the Service. The Charges set out in this website are indicative Charges that The Number has requested from other telecommunications operators. The Number cannot be held responsible for other telecommunications operators who choose to charge tariffs higher than this to their customers.

6.4 Access to the text service will be charged at our standard rates from time to time as published in our promotional material and on our web site www.118118.com.

7. Intellectual Property Rights

All Intellectual Property Rights in the Service belong to The Number or its licensors and nothing in this Agreement operates to transfer any such Intellectual Property Rights to Customer.

8. Suspension of Service

The Number may suspend the Service at any time without notice to Customer: (a) for maintenance or other operational reasons; (b) in the case of an emergency, or (c) as a result of a force majeure event in accordance with clause 11.

9. Termination

The Number may terminate this Agreement and/or the Service at any time for any reason it sees fit.

10. Limitation of Liability

10.1 The Number does not limit its liability for death or personal injury resulting from its negligence.

10.2 Subject to clause 10.1, The Number shall not be liable to Customer whether in contract, tort or otherwise for any loss of revenues, profits, the use of money, goodwill, or anticipated savings, for any loss or destruction of data or (without limitation) for any indirect or consequential loss or damage of any kind, whether any such loss is reasonably foreseeable or not arising in connection with the Service for any reason (including any inaccuracies in any Listing or any directions given).

10.3 Customer acknowledges that any information supplied by The Number as part of the Services is derived from databases and directories supplied to The Number by third parties. Customer also acknowledges that many subscribers to telephony services in the United Kingdom do not permit their Listings to be made available to directory enquiry services, and accordingly the databases and directories used by The Number cannot list all Listings in use in the United Kingdom. Subject to clauses 3.5 and 10.1, The Number accepts no liability for any loss attributable to or caused by any unavailability or inaccuracy in any Listing.

10.4 To the extent that The Number's liability is not excluded by this clause 10, The Number's liability to Customer in connection with this Agreement (whether arising in contract, tort (including negligence) or otherwise) is limited to refunding Customer the Charges for the use of the Service by the Customer that gave rise to that liability.

11. Force Majeure

The Number shall not be obliged to carry out any obligation under this Agreement where performance of such obligation is prevented due to any cause beyond its reasonable control including but not limited to Acts of God, storm, earthquake, inclement weather conditions, fire, flood, war, industrial action, lockout, default or failure of a third party, or governmental action, failure or shortage of power supplies, labour shortage, the act or omission of highways or railways authorities or telecommunications operators.

12. Assignment

The Number shall have the unrestricted right to assign, licence or otherwise dispose of its rights and obligation (in whole or in part) under this Agreement.

13. Amendments

The Number may vary the terms and conditions of this Agreement, including The Number Tariff, at any time. The Number shall ensure that the most recent version of these terms and conditions is situated on the Internet at http://www.118118.com. Such change shall take effect from the date that the variations are posted on the Internet.

14. General

14.1 Failure by either party to enforce any of its rights under this Agreement is not to be taken as or deemed to be a waiver of that right unless the waiving party acknowledges the waiver in writing.

14.2 This Agreement is not intended to be for the benefit of, and shall not be exercisable by any person under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

14.3 Part or all of any clause of this Agreement that is unenforceable or illegal is to be severed from this Agreement and does not affect the enforceability of the remaining provisions of this Agreement.

14.4 The warranties, exclusions and the other express provisions of this Agreement set out the full extent of The Number's obligations and liabilities concerning its subject matter. Customer shall have no remedy in respect of any untrue statement made to it upon which it relied in entering into this Agreement (unless the person making such untrue statement knew it to be untrue at the time it was made) other than any remedy it may have for breach of the express terms of this Agreement. Accordingly, any warranties, conditions or other terms in this regard which might but for this clause 14.4 have effect between the parties or which might otherwise be implied into this Agreement or any collateral contract (including without limitation any implied terms of satisfactory quality or fitness for purpose) whether by statute, common law or otherwise are hereby excluded to the maximum extent permitted by law.

14.5 This Agreement is governed by the laws of England and Wales and the parties agree to submit disputes in connection with this Agreement to the exclusive jurisdiction of the English Courts.

0800 118FREE Terms and Conditions

1. Definitions

1.1 In this Agreement the following terms and expressions shall have the following meanings, unless the context requires otherwise:

"Agreement" means these terms and conditions.

"Intellectual Property Rights" means patents, design rights, trade marks, copyright, database rights, semiconductor topography rights, whether present or future, registered or unregistered, and all applications for any of such rights together with any similar rights of whatever nature subsisting throughout the world.

"Number" means information concerning the name, address and the telephone number of a subscriber to telephony services in the United Kingdom.

"Service" means the directory enquiry service offered by The Number UK Limited to customers in the United Kingdom who dial the access number 0800 1183733 and/or such other access number(s) as We may determine from time to time.

"Us/We/Our" means The Number UK Limited, the provider of the Service.

"You/Your" means you, the customer accessing or using the Service.

2. Application of this Agreement

2.1 The terms and conditions of this Agreement apply to each use by You of the Service, and by accessing or using the Service You agree to be bound by them.

3. Your use of the Service

3.1 You are responsible for obtaining all necessary equipment and telecommunications services required to access and use the Service.

3.2 You may not use the Service in any improper or unlawful manner or in breach of any legislation, regulatory requirement or licence that applies to You.

3.3 We provide the Service to You solely for Your own personal, non-commercial use. You may not reproduce, resell or redistribute the Service, any Number(s) or other information derived from it, to any third party whatsoever.

4. Service Provision

4.1 We provide the Service only to persons who access it via telephone calls originating in the United Kingdom to Our access number 0800 1183733 and/or such other access number(s) as We may determine in the future.

4.2 We will use Our reasonable endeavours to provide the Service accurately. Each Number will be communicated to You by automatic number readout or such other method as We may determine in the future.

4.3 You acknowledge and accept that, by accessing and using the Service, you will be played one or more pre-recorded advertising messages. We may also provide You with an opportunity to call connect to a third party advertiser during or at the end of a call.

5. Data Protection

5.1 You acknowledge and agree that for billing purposes We may store and pass on to the relevant network operator information about:

5.1.1 the identity details of any telecommunications line (whether fixed or mobile) used to access the Service; and

5.1.2 the duration of the call in which You access the Service and that of any subsequent call connected by use of the Service.

5.2 You acknowledge that Your use of the Service (and in particular Your retention, recording or use of any Numbers) may be governed by the provisions of the Data Protection Act 1998 or other applicable data protection legislation in force in the European Union.

5.3 You have the right to access the information that We hold about You. In order to do this please make a written application to Data Protection Officer, The Number UK Limited, Sterling House, Malthouse Avenue, Cardiff CF23 8RA. We may require You to provide verification of Your identity and to pay an administrative fee to provide a copy of the information that We hold. Please note that in certain circumstances We may withhold access to Your information where We have the right to do so under current data protection legislation.

6. Charges for the Service

6.1 Access to and use of the Service is free of charge from BT and most other landlines. Access to and use of the Service from mobile networks and chargeable landlines will be charged in accordance with Your network operator’s particular tariff package.

6.2 In the event that You are liable to pay a charge for the Service this will appear on an invoice that You receive from the network operator whose services You used to access the Service. Those charges will be payable according to Your payment arrangements with that network operator.

6.3 You acknowledge and accept that any applicable charges will be payable by You irrespective of whether or not We are able to provide the Number requested by You when using the Service. We will not be obliged to refund or otherwise compensate You for any sum charged by Your Network Operator for access to or use of the Service.

7. Intellectual Property Rights

7.1 All Intellectual Property Rights in the Service belong to Us or Our licensors and nothing in this Agreement operates to transfer any such Intellectual Property Rights to You.

8. Suspension of Service

8.1 We may suspend the Service at any time without notice to You; (a) for maintenance or other operational reasons; (b) in the case of an emergency, or (c) as a result of a force majeure event in accordance with clause 11; (d) for any other reason We deem necessary.

9. Termination

9.1 We may terminate this Agreement or the Service at any time for any reason as We see fit.

10. Limitation of Liability

10.1 We do not limit Our liability for death or personal injury resulting from Our negligence.

10.2 Subject to clause 10.1, We will not be liable to You whether in contract, tort or otherwise for any loss of revenues, profits, the use of money, goodwill, or anticipated savings, for any loss or destruction of data or (without limitation) for any indirect or consequential loss or damage of any kind, whether any such loss is reasonably foreseeable or not arising in connection with the Service for any reason (including any inaccuracies in any Number given).

10.3 You acknowledge that any information supplied by Us through the Service is derived from databases and directories supplied to Us by third parties. You also acknowledge that many subscribers to telephony services in the United Kingdom do not permit their Numbers to be made available to directory enquiry services, and accordingly the databases and directories used by Us cannot list all Numbers in use in the United Kingdom. Subject to clause 10.1, We accept no liability for any loss attributable to or caused by any unavailability or inaccuracy in any Number.

11. Force Majeure

11.1 We will not be obliged to carry out any obligation under this Agreement where performance of such obligation is prevented due to any cause beyond Our reasonable control including but not limited to Acts of God, storm, earthquake, inclement weather conditions, fire, flood, war, industrial action, lockout, default or failure of a third party, or governmental action, failure or shortage of power supplies, labour shortage, the act or omission of highways or railways authorities or telecommunications operators.

12. Assignment

12.1 We have the unrestricted right to assign, licence or otherwise dispose of Our rights and obligation (in whole or in part) under this Agreement.

13. Amendments

13.1 We may vary the terms and conditions of this Agreement at any time. We will ensure that the most recent version of these terms and conditions is made available on the internet at http://www.118118.com. Such change shall take effect from the date that the variations are posted on the internet.

14. General

14.1 Failure by either party to enforce any of its rights under this Agreement is not to be taken as or deemed to be a waiver of that right unless the waiving party acknowledges the waiver in writing.

14.2 This Agreement is not intended to be for the benefit of, and shall not be exercisable by any person under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

14.3 Any part or all of any clause of this Agreement that is unenforceable or illegal is to be severed from this Agreement and does not affect the enforceability of the remaining provisions of this Agreement.

14.4 The warranties, exclusions and the other express provisions of this Agreement set out the full extent of Our obligations and liabilities concerning its subject matter. You will have no remedy in respect of any untrue statement made to You upon which You relied in entering into this Agreement (unless the person making such untrue statement knew it to be untrue at the time it was made) other than any remedy You may have for breach of the express terms of this Agreement. Accordingly, any warranties, conditions or other terms in this regard which might but for this clause 14.4 have effect between the parties or which might otherwise be implied into this Agreement or any collateral contract (including without limitation any implied terms of satisfactory quality or fitness for purpose) whether by statute, common law or otherwise are hereby excluded to the maximum extent permitted by law.

14.5 This Agreement is governed by the laws of England and Wales and the parties agree to submit disputes in connection with this Agreement to the exclusive jurisdiction of the English Courts